GARY GARRETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-12-14
No. 2D99-4517
BLUE, C.J., and STRINGER, J., Concur.
803 So. 2d 801 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 1 case

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Gary Garrett appeals his felony conviction for driving with a suspended license, challenging whether a computerized driving record sufficiently proved prior convictions and whether those convictions could enhance his offense to a felony. The court reversed the felony enhancement, finding the computerized record insufficient proof and that prior convictions under an older statute lacking a knowledge element could not be used to enhance charges under a new statute requiring knowledge.


Holding

The court held that a computerized driving record is insufficient to prove prior driving while license suspended convictions beyond a reasonable doubt, even when accompanied by identifying information. The court also held that prior convictions occurring under a statute not requiring knowledge as an essential element cannot be used to enhance a current offense to a felony under a statute that does require knowledge.


Headnotes

[1] A computerized driving record alone is insufficient to prove prior driving while license suspended convictions.

[2] Identifying information on a Uniform Traffic Citation does not cure the insufficiency of a computerized driving record to prove prior driving while license suspended conv…

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Key Quotes

“Pursuant to Sylvester v. State, 770 So.2d 249 (Fla. 5th DCA 2000), a computerized driving record is insufficient to prove prior driving while license suspended convictions.”

Establishes the controlling legal standard that computerized records alone cannot prove prior convictions

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Facts & Procedural History

Garrett was convicted of felony driving while license suspended. The State relied on a computerized driving record to prove prior driving with suspend…

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Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

Gary Garrett challenges his conviction for felony driving with a suspended or revoked license. He maintains that his computerized driving record was insufficient to prove that he possessed the requisite prior convictions. He also argues that the court erred in enhancing his driving while license suspended offense to a felony based on prior convictions that occurred before October 1, 1997. We agree on both issues and reverse the felony enhancement portion of Garrett’s conviction of driving while license suspended.

Pursuant to Sylvester v. State, 770 So. 2d 249 (Fla. 5th DCA 2000), a computerized driving record is insufficient to prove prior driving while license suspended convictions. See also Coyne v. State, 775 So. 2d 969 (Fla. 4th DCA 2000).

Although the State argues that the presence of identifying information in Garrett’s Florida Uniform Traffic Citation and in the charging document distinguish Sylvester from this case and serve to tie Garrett to the computerized driving record, the Sylvester court specifically rejected this suggestion. In Sylvester, the court observed that although the record there contained evidence of the defendant’s date of birth, address, and physical description in the Uniform Traffic Citation, this was insufficient. Although the dissent noted that the Uniform Driving Citation also contained the defendant’s Florida driver’s license number, which matched the driver’s license number on the computerized driving record, the majority in Sylvester apparently was unpersuaded by these facts, concluding that they were insufficient to prove the prior convictions beyond a reasonable doubt, as is required by State v. Harbaugh, 754 So. 2d 691 (Fla.2000).

Accordingly, despite the Florida Uniform Traffic Citation’s identifying information in the instant case, we must conclude that the computerized driving record is insufficient proof of the prior offense required to convict Garrett of the felony offense of driving while license suspended.

Furthermore, pursuant to Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000), Garrett’s prior convictions for driving while license suspended or revoked cannot be used to enhance his current driving while license suspended offense to a felony since the previous statute did not require knowledge as an essential element of the offense, while the current statute does. Garrett’s prior convictions occurred on January 31, 1995, and November 15, 1995.

Under the statute in effect on those dates, one could be guilty of driving while license suspended without knowing that the license had been suspended. § 322.34, Fla. Stat. (1995).

However, the statute under which Garrett was charged in the instant offense does require that the defendant know that the license has been suspended or revoked. See § 322.34(2)(c), Fla. Stat. (Supp.1998). Because the previous statute did not require the element of knowledge, Garrett’s convictions under that statute may not be used as prior convictions pursuant to the new statute. See Huss, 771 So. 2d at 593.

Accordingly, we vacate Garrett’s conviction for felony driving while license suspended and remand for resentencing on the remaining misdemeanor.

Reversed.

BLUE, C.J., and STRINGER, J., Concur.


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Citator

Cited By

  • McMANAMA v. State, 816 So. 2d 781 (Fla. 2d DCA 2002)
    …diction. . As a practical matter, even if not barred by double jeopardy,' it appears that the felony conviction might have run afoul of other requirements as set forth in Huss v. State, 771 So. 2d 591 (Fla. 1st DCA 2000). See also Garrett v. State, 803 So. 2d 801 (Fla. 2d DCA 2001). . The text of the Yaros opinion contains a misprint which resulted in a reference to section 316.021(1), Florida Statutes (1997), rather than section 316.027(l)(a), Florida Statutes (1997). Yaros, 728 So. 2d at 1201.…

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